Defending Yourself in Small Claims Court

MORE on Option #5 - File a Counter Claim Against the Person Who Sued You

Sometimes there are also money and damage claims on both sides. If the plaintiff (the person who sued) owes you money, you can sue them for it. This is called a “counterclaim”.

MD Rule 3-331 says that you can file a counter claim even if the other side owes you money from a different dispute. (You can also ask for other types of compensation but money is the most common.)

Timing - You must file your counterclaim within 10 days after the deadline to file the Notice of Intent to Defend. The Notice to Defend is due 15 days after you (a defendant) receive a copy of the Complaint.

If you choose this option, be clear and concise. Explain your story. This is not an opportunity to criticize the other side. It is not your chance to argue the whole case. Just include the highlights.

Remember, you should prepare for the counterclaim trial just as if you had filed the Complaint first.

• To prepare your case, use this Resource Guide to walk through the same steps that you would have taken had you filed first. Starting Your District Court Case.
• You cannot file for more money or other types of help (relief) than the District Court allows. If your claim is not right for District Court, your case can be transferred to Circuit Court.

The original complaint and your counterclaim will both be heard during the same trial. (If there is a good reason, the court can order that the trials be held at different times.)